Popular Misunderstandings about Personal Injury Laws

Popular Misunderstandings about Personal Injury Laws
Popular Misunderstandings about Personal Injury Laws
October 3, 2016

The legal proceedings are very confusing especially if you have no prior knowledge of the legal systems. Personal injury law in particular is more difficult to understand because it involves an individual filing a civil complaint against another person, government agency, corporation or business.

Negligence is the basis on which the personal injury lawsuit is filed

A personal injury lawsuit is filed by the injured party against the third party on the grounds of negligence which led to the harm. If the injury resulted from the carefreeness of the accusing party or due to negligence of instructions, the compensation claim of the injured party may be thrown out for lack of substance. Numerous misconceptions have emerged in this aspect of law and a number of them are highlighted below.

Read also: The Possibility of Suing When You are Injured Riding on the Back of a Pickup

1. Insurance companies will honor letters asking for compensation

Many people have been made to believe that if they have been injured as a result of negligence caused by another, they can simply write the insurer of the third party seeking compensation. Insurance companies are always reluctant to pay claims (even with substantial evidence) except if a legal procedure is instituted.

2. Any lawyer is qualified to handle personal injury case

The second popular myth is that any lawyer can handle a personal injury case. Every lawyer has his or her area of specialty and will be more efficient in handling cases relating to their specialty. This is because the legal system is complex and there are step variations in interstate laws. Only a lawyer that has good experience of personal injury laws can help you get maximum claim.

Read also: Car Accident Cases: Four Ways to Establish Breach of Care

3. Insurance company of the driver that hit you must pay your medical bills

In most of the instances where there is an accident, the medical bills will have to be paid by you or your family. It often takes a rigorous process for insurance companies to release funds and no medical practitioner will be willing to wait that long for you to pay your bills.

4. The fees for injuries are the same across board

The amount of compensation a victim of an accident can claim depends on the type and severity of the injury. Head injuries that lead to mental disturbances will attract more claims than fractures. Minor bruises will likely get no compensation at all. Hiring an attorney who is an expert in personal injury cases will also increase your chance of getting higher compensation.

Read also: Bicycle Accident Claim: Who can be Held Responsible?

5. My personal injury lawsuit will make me rich

This is another misconception that is fueling the rise in the number of personal injury lawsuits. What you should understand is that there are certain considerations that would be made before compensation is set by your lawyer. In most cases, after the hospital bills have been paid and the lawyer takes his contingency fee, there will be little left for you to take home.

6. I can file claim anytime I like

Claims can only be filed within a certain time frame from the date of the accident. This is explained in the statutes of limitation. Statutes of limitation vary from one state to another and from one form of injury to another.

Do some research before picking a lawyer

The experience of all lawyers in slip and fall cases are not the same. A good lawyer can tell you when it is necessary to file a lawsuit and when doing so will amount to a wild goose chase. For adequate representation, take a little while to look at the records of the lawyer you intend to hire.

Read also: Risks Associated with Hands-Free Chatting while Driving

Article highlights

  • Personal injury law is complex and varies from one state to another.
  • An insurance company will not pay your claim by writing mere letter.
  • There is a time window in which you can file a case for an injury.
  • Filing a personal injury lawsuit will not make you rich.
  • The amount that can be claimed depends on the type of injury.
  • Not all lawyers can represent you efficiently in a personal injury case.
  • Your lawsuit will be thrown out if it is not backed by evidence showing negligence of the third party.
  • Personal injury lawsuit is filed by an individual against another or a company or corporation.
  • It is necessary to look at the record of the lawyer you intend to hire.
  • A good lawyer will maximize your claim.

Related posts:

  1. The Way an Attorney Handles Your Auto Accident Cases and Claims

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